Hiring Mexican Citizens Using the TN-2 Visa

May 24, 2022

About 24% of the foreign-born persons in the United States are from Mexico, one of America’s closest neighbors. When the North American Free Trade Agreement (NAFTA) came into effect in 1994, economic ties between the two nations became even closer and as part of that agreement, workers from Mexico can enter the United States through the TN-2 visa program. In 2020, the United States-Mexico-Canada Agreement (USMCA) replaced NAFTA as the new free trade agreement between the three countries. Under the new agreement, the TN-2 visa program continues.

When Does It Make Sense for a Company to Hire Mexican Nationals?

It makes sense for companies to look for Mexican nationals as potential candidates if they cannot find local workers to fill the positions open at their organizations. Companies living near the border may also wish to consider hiring Mexican citizens if they notice they need Spanish-language skills or someone with an understanding of Mexican culture to diversify the workplace and to work more effectively with Spanish-speaking vendors, clients, and customers. On many teams, Mexican citizens make a powerful contribution.

Why Mexican Citizens Specifically?

Under NAFTA, companies have the option of hiring either Canadian or Mexican citizens under the TN visa program as TN-2 visa holders. A company may be considering how to hire employees specifically from Mexico for a few reasons, including:

Mexico has a population of over 130 million people, meaning there is a large pool of potential workers just across the border and close to many American workplaces in the southwest.
Many workers from Mexico speak Spanish and English, allowing companies to help clients and customers in multiple languages.
Mexico and the U.S. are near each other and have treaties in place to make movement of workers simpler.
Mexican citizens are an increasingly educated workforce, with the number of college-degree-holding Mexican immigrants jumping to 678,000 in 2017 from 269,000 in 2000.
Workers from Mexico sometimes actively look for work in the United States or may already have family and friends in the country, making recruitment simpler.
Citizens from Mexico live close to American culture and might be a good fit culturally for an American company.

For all these reasons, it makes sense to hire Mexican nationals if you cannot easily find skilled professionals for open positions at your company. With the trade agreements in place between North American countries, working with professionals from Mexico can be simpler than in years past.

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What Visa Categories Are Available?

If your organization has an office or location in Mexico, you can bring executives and managers from offices in that country to American offices using the L-1 visa. You may also be able to get a worker from Mexico to enter the United States on a temporary basis with the B-1 visa, which allows eligible foreign nationals to enter the United States for up to six months for business tasks. H-2B visas allow companies to hire temporary skilled and unskilled workers from outside the country. And H-2A visas allow U.S. employers to hire for temporary or seasonal agricultural needs.

The most popular visa for professional workers from Mexico is the TN visa program, which allows qualified NAFTA professionals to enter the United States for up to three years for work. One of the greatest advantages of the TN visa program is that workers can complete the visa process and enter the United States in as soon as a few short weeks depending upon visa appointment availability. Compared to other visa types, the TN-2 visa processing time is remarkably shorter making it an attractive program to quickly fill professional positions. Unlike the H-2B visa, you do not need to secure an approved temporary labor certification for a TN-2 visa and there are no caps on these visas. If you are hoping to hire Mexican citizens who have college or advanced degrees for a professional position, the TN-2 visa can be a viable option.

TN-2 visas are available to Mexican citizens who are professionals in a category on the TN list. To hire a Mexican citizen using the TN-2 visa program, you must be hiring for a position on the TN list, which generally includes professions – such as teachers, scientists, and professors, among others – requiring at least a college degree. With a TN-1 visa, Canadian professionals, including managers, healthcare workers, financial professionals, and others on the qualifying TN jobs list, can enter the United States to work if they have the job offer, qualifying education and licensing, and have applied for non-immigrant status. To further qualify, applicants for this visa must meet both the educational and any licensing requirements on the TN list for their job title. Employers must have a need for a NAFTA professional on the list to hire a TN-1 or TN-2 visa holder.

What’s the Process Like?

Citizens of Mexico entering the United States on a TN-2 visa must ensure they are eligible and must apply for a visa before entering the U.S. This process requires a few steps.

Applicants must file DS-160 (Online Non-immigrant Visa Application), including paying the appropriate fees and submitting photographs as required by the form.
Once the application is completed online, applicants will need to print the application confirmation page.
TN-2 visa applicants will then need to schedule an interview at a U.S. embassy or consulate in Mexico.

To prepare for the interview, applicants will need to gather the documentation they need for the appointment, which will include a valid passport, photos, evidence of a job offer, evidence of education and license qualifications for the visa, and any additional documents required in the form.

After the interview at the embassy or consulate has taken place, a TN-2 visa might be issued. If approved, visa holders can apply for entry into the United States at a port of entry or pre-flight inspection station.

What Part of the Process is the Employer’s Responsibility?

When it comes to employer requirements, TN-2 visa rules require employers to hire qualified employees for the visa on either a full-time or part-time basis. Contract or freelance work is not eligible under the visa program.

If a profession is listed as TN-eligible, employers can search for qualified candidates in Mexico. Once they find a qualified worker, they will need to provide a letter of employment or employment contract to the employee. This will be used in the application process, so it must contain details such as job title and the duties which will be performed, the relevant qualifications of the applicant for the job, and the expected length of time the worker will be employed by the company. This letter should also establish how the duties to be performed are related to the particular qualifications of the TN-2 visa applicant.

How Can Farmer Law Help?

If you’re wondering how to hire employees from Mexico, schedule a consultation with Farmer Law PC. Our legal team works with many immigration matters related to employment and we have helped organizations from every sector hire and retain foreign-born workers. Our team can explain which visa programs may work for your situation and navigate the process for you.

We have represented companies involved in Department of Labor audits and have worked with companies to verify compliance with immigration laws. If you’re wondering where to hire Mexican workers, Farmer Law PC can help with that as well. Contact us to speak with a team of attorneys with experience in all aspects of immigration law.

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Hiring Mexican Citizens Using the TN-2 Visa

When Does It Make Sense for a Company to Hire Mexican Nationals?

Why Mexican Citizens Specifically?

Follow Us On

Have a Question?

More Information from Farmer Law

Immigration Law

What Visa Categories Are Available?

What’s the Process Like?

What Part of the Process is the Employer’s Responsibility?

How Can Farmer Law Help?

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